Legitimate expectation doctrine in Melbourne context
Legitimate Expectation Doctrine
What is Legitimate Expectation?
Legitimate expectation arises when a public authority, through its promises, conduct, or established practices, leads an individual or group to reasonably expect a certain benefit or procedural right.
It can create an enforceable right in administrative law to fair treatment, consultation, or the fulfillment of promises made by public bodies.
It is a procedural or substantive right depending on the context:
Procedural Legitimate Expectation: The right to be heard or consulted before a decision affecting a person’s interest is made.
Substantive Legitimate Expectation: The right to receive a promised benefit or have a specific policy applied.
Importance in Melbourne (Australian) Context
The doctrine protects citizens against arbitrary government actions.
It enforces fairness and consistency in administrative decision-making.
It balances the power of administrative agencies with individual rights.
Key Elements of Legitimate Expectation
Representation by a Public Authority: Clear, unambiguous promise, practice, or conduct.
Reliance: The affected person must have relied on the representation.
Detriment: Person suffers or may suffer a detriment if expectation is not fulfilled.
Unfairness: Denying the expectation would be unfair or an abuse of power.
Important Australian (Melbourne) Case Laws on Legitimate Expectation
Case 1: Conway v. Rimmer (1968) AC 910
Significance:
Early recognition of legitimate expectation in common law.
The House of Lords held that public authorities cannot go back on clear assurances if it would be unfair to do so.
Application:
Laid the foundation for legitimate expectation in Commonwealth countries, including Australia.
The principle that promises or established practices can give rise to enforceable expectations.
Case 2: Minister for Immigration and Ethnic Affairs v. Wu Shan Liang (1996) 185 CLR 259
Significance:
The High Court of Australia emphasized the procedural aspect of legitimate expectation.
Affected persons have a right to be heard if there is a promise or established practice indicating consultation before adverse decisions.
Application:
This case confirmed procedural fairness as a core aspect of legitimate expectation.
Administrative decisions that depart from prior conduct or promise without notice or hearing can be challenged.
Case 3: Brescia v. Secretary, Department of Foreign Affairs and Trade (1995) 64 FCR 237
Significance:
Australian Federal Court recognized substantive legitimate expectation.
The Court held that a public authority must honor clear promises unless there is an overriding public interest to the contrary.
Application:
This case broadened the doctrine to protect substantive rights, not just procedural fairness.
Case 4: Kioa v. West (1985) 159 CLR 550
Significance:
Landmark High Court case establishing procedural fairness principles in Australian administrative law.
Though primarily about natural justice, it closely relates to legitimate expectation.
Application:
If a government conduct leads someone to expect consultation, failing to provide it breaches legitimate expectation.
It laid down the importance of a fair hearing before adverse decisions.
Case 5: Plaintiff S157/2002 v. Commonwealth (2003) 211 CLR 476
Significance:
Affirmed the rule of law and access to judicial review despite legislative attempts to oust it.
Although focused on judicial review, it underpins legitimate expectation by ensuring fairness in administrative processes.
How These Cases Shape Application of Legitimate Expectation in Melbourne Context
Public authorities must honor clear promises or established practices that create expectations.
Affected individuals are entitled to procedural fairness, including notice and hearing, especially if their rights or interests may be adversely affected.
Courts balance individual expectations with public interest, allowing deviation only where justified.
Legitimate expectation protects against abuse of power and arbitrariness by government bodies.
Summary
The legitimate expectation doctrine is a key mechanism ensuring fairness in administrative decisions in Melbourne and Australia.
It can be procedural (right to consultation/hearing) or substantive (right to promised benefits).
Cases like Wu Shan Liang, Brescia, and Kioa have shaped the legal landscape, emphasizing fairness and consistency.
The doctrine ensures that government agencies do not act capriciously and individuals have predictable and fair dealings with the administration.
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